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Federalism And Constitutionalism Of The Republic Of China(1912-1923)

Posted on:2013-11-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:R S OuFull Text:PDF
GTID:1266330425950399Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
To choose what kind of state structure is the first problem to be solved in the process ofconstruction of modern state for every people, since constitutionalism became overwhelmingtrend to the world political development.The federalism was integrated into the firstconstitution all of the world, as it is a kind of state structure and connects closely todemocratic politics. Since the United States of America rose up abruptly, the progresscountries in the world had learnt, explored and imitated the federal system of rulecharacterized by designing and distributing power between central and local government.When European and American constitutionalism swept through the eastern part of the world,the federalism also became the founding program for the revolutionaries in China.In order to establish federal Republic of China, the provinces had broken away andbecame independent from Qing dynasty, since the democratic revolution of the capitalist classbroke out in1911. Every independent province seemed to be a complete country because theyestablished and issued constitutions, organized government, hold the military power andcontrol the financial resource. Sun Yet-sen was selected by the commanding officersrepresentatives as their provisional president in1912,and the Republic of China wasfounded.In March1912,the Provisional Constitution of the Republic of China—the firstdemocratic republic constitutional document was issued.This document didn’t stateddefinitely what kind of state structure the Republic of China is belong to. Actually, thebackground of its governmental organization and structure, combined with its political statuscould tell us that Republic of Nanjing Government is of a federal system of rule, and theProvisional Constitution of the Republic of China put its tacit consent, too. Thus, the historyof the Republic of China founded on the federal system of rule from the very beginning.Obviously, president Yuan who is an autocrat and could not accept the federalism andtook a series of measures to centralize the state power, which touched off the first politicalatmosphere war about centralization and decentralization. Yuan Shikai interfered constitutionactivities in congress, including preventing the constitution from pass and laying downConstitution of Republic of China and the Presidential Election of Republic of China.Consequently,Yuan expanded his power gradually just like an emperor, and finally heproclaims himself an emperor.The autocracy of Yuan Shikai was opposed by all of the people who supported local power,including the local commanding officers of Bei Yanggovernment led by himself. At the end, the centralized and autocratic power reached anextreme and inevitably, Yuan Shikai became a real loser and his government collapsed infront of the people who advocated localizing power.The Republic of China came back to the federalism after the constitution-protectingcampaign. The Wan Party (led by Duan Qirui) still could not accept the federalism fact andneither could the political party attached to them. The former took the unifying policy byforce and the later carried out its constitutional scheme of centralization. Therefore, theydebate fiercely in congress. The first constitution of the Republic of China was very difficultto formulate because of the long time debate about the problems involving institution ofprovince, province and constitution and local administration system. When the Congress ofRepublic of China restored to make constitution, the Study Party who came from the ProgressParty and was attached by Bei Yang government had opposed firmly to write the provincialgovernors selected by people and the institution of province into constitution.Whereas the Kuomintang who fell from the central and local power early in the rulingperiod of Yuan Shikai advocated determinedly them.During the period of theconstitution-protecting campaign, the Academy of Political Science derived fromKuomintang and became to depended on Gui Party(ruled by Guangxi province) who controlthe constitution-protecting government in fact, and then protested against the localadministration system embracing governors selected directly by people and enhancing theprovincial congress power. Hence, they took various measures to hold back the constituentassembly, which ultimately cause the constitution-protecting convention to an end. Thepropositions involving the institution of province, local administration system andprovincial president selected directly by people accounted for the nature aboutdecentralization of federalism,and were designed to protect the localizing power andembodied the federalism in constitution. In the year of1920,the war between Zhi Party (ledby Feng Guozhang) and Wan Party (led by Duan Qirui) broke out,which proved one moretime that the autocratic centralization way did be destined to result in failure and fall frompower. Federalism decentralizing power promoted openly and sweepingly through across thecountry, along with the summit about provincial constitutionalism and allied-provincesautonomy that following, made the Constitution of1923a constitution of federalism.The constitution making in the early years of the Republic of China (1912-1923) finished hardly at last by a federalism constitution. There are other many reasons but the politicalinstability, warlord politics, and the reason related with the paper mainly are themisunderstanding of federalism and the leaders of parties constantly changing assertion. Butthe federalism constitution was established at last because of the existence of provincialpower and the uniformity of the strong desire to decentralization of authority and constructionof constitutionalism of the Republic of China.
Keywords/Search Tags:The Republic of China, Federalism, Decentralization of Authority, Constitutionalism
PDF Full Text Request
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